State v. Gibbons

The opinion of the court was delivered by

Dawson, C. J.:

Defendant brings this appeal from a judgment and sentence as a persistent violator of the prohibitory law. He was prosecuted on three counts, the first two of which charged unlawful sales and the third charged unlawful possession. The jury acquitted him on counts 1 and 2 and returned a verdict of guilty on count 3.

Judgment was imposed in conformity with the verdict, and defendant assigns two errors: Insufficient evidence, and error in instructions.

Touching the first error assigned, the state adduced evidence which tended to show that…